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Monthly Archives: August 2014

UPS fires the driver in a case like this because their internal investigation finds him responsible for the accident. But when a jury award is involved, they deny responsibility. Can you have it both ways? DB

MOBILE, Alabama — A Mobile County jury granted a man a $1 million award for damages after a car accident with a UPS delivery truck two years ago.

Gerald Simoneau II was driving on Rangeline Road when a UPS truck driven by Steven A. Chestnut veered onto the street, colliding with the vehicle he was driving, according to a complaint filed in Mobile County Circuit Court.

After the February 28 crash, Simoneau, underwent multiple surgeries to repair broken bones, including his ribs and clavicle; and permanent injuries to one of his arms. A jury awarded Simoneau compensatory damages for the incident Thursday.

“UPS’s driver chose not to follow basic safety rules. By violating the right-of-way, he caused a collision that permanently injured another person,” said Lucy Tufts, an attorney for Cunningham Bounds who represented Simoneau, the plaintiff.

Chestnut, who was then employed by UPS, attempted to cross the intersection near Todd Acres Road and pulled in front of Simoneau only seconds before they both collided.

“UPS is disappointed with the jury’s verdict and we are evaluating whether we are going to appeal,” said Susan Rosenberg, a spokesperson at the corporate office in Atlanta. “Because it’s so recent our lawyers need time to study the elements of the verdict.”

The shipping and logistics company has 30 days to file a motion for an appeal. That motion can sit before a judge as long as 90 days.

“Even after its driver admitted fault, UPS was not willing to accept responsibility. UPS spent 2 ½ years litigating the case and wanted the jury to believe that Mr. Simoneau was to blame for not seeing and avoiding its delivery truck,” Tufts said.

“The jury’s verdict sent a message that it is important for corporations like UPS to be accountable and to take responsibility for their actions when they cause harm to someone else.”

Burger King is in merger talks with Canada-based Tim Hortons restaurant chain (known for its coffee and donuts) in order to become a Canadian company and thereb…y lower its U.S. taxes. BK’s profits have been flat, mainly because its mostly lower-income customers don’t have enough money to boost sales. So the pending deal is welcome news to investors, who today sent its stock up nearly 20 percent. But it’s a lousy deal for you and me and other Americans because we’ll have to make up for the taxes Burger King stops paying.

We’re already subsidizing Burger King because it refuses to raise the pay of its frontline workers, who are now at or near the minimum wage. So we’re paying for the food stamps, Medicaid, and wage subsidies its workers need in order to stay out of poverty. That means when BK deserts America to cut its tax bill, we’ll be paying twice. That’s a whopper of a slap at America. What should we do about it?

The Definitive Union Beer List

Memorial Day weekend marks the unofficial start of summer and many will be busting out the charcoal and firing up the grills. This means an ice-cold beer should be close at hand. We think it’s a great time to say cheers to all those who have fought and sacrificed in battle for the endurance of our nation. As always, drink responsibly and drink union.

“This is an unusual case,” said Carlo A. DiCesare, a special assistant U.S. Attorney in Riverside who is prosecuting the case. “It was a large number of firearms that were stolen, and they were stolen from a reputable shipping company.”

Authorities learned of the scheme after Turner’s Outdoorsman management alerted authorities to the missing shipments. The store typically receives UPS shipments from out-of-state gun manufacturers through the shipping company’s Ontario hub, according to authorities.

The 16-count indictment was filed July 23. It alleges Hays, of Rancho Cucamonga, stole a series of packages containing guns in 2012. The indictment also accuses him of stealing jewelry and mobile phones that were supposed to be delivered to other retailers.

Prosecutors have named Dennis Dell White, Jr., 35, of Moreno Valley, as Hays’ co-conspirator and middleman who is accused of selling the guns on the street or to other illegal gun dealers.

“Defendants Hays and White would meet in Rancho Cucamonga, California, at which defendant Hays would give the stolen firearms or other goods to defendant White,” according to the indictment. Authorities say Hays no longer works for UPS.

“Certainly there is a huge market out there,” DiCesare said of illegal gun sales in Southern California. “What the full extent of it is – I don’t know if anyone knows.”

Hays and White are charged with conspiracy, six counts of theft of firearms, six counts of receipt and possession of stolen firearms and two counts of theft, receipt, and possession of goods in interstate commerce.

The indictment mentions two anonymous individuals involved in the deals as P.C. and L.C. They remain uncharged, according DiCesare.